Terms of Use

Last updated July 8, 2016. Replaces the June 5, 2016 version in its entirety.

 

 

1.    Introduction

Welcome to the COCOLORE, Inc. (hereinafter “COCOLORE”; “We”; “Us”; “Our”; “The website”, etc.) website, www.cocolore.com.

COCOLORE celebrates the Meet & Greet between Artists (“partners”) and Fashionistas (“customers”). Artists have the great opportunity to promote their talent and art by sharing their videos, designs, artwork stories as well as their artist profile. We deliver the most desired designs in our shop by respecting our fashionistas’ votes. Thus, we offer an exclusive, high-qualified range of products, which enables fashionistas to purchase artists’ work. We deliver the whole product fulfillment, including payment, processing, customer services, third party product manufacturing and shipping.

 

2.    Legal Agreement

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”, “Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site (hereinafter “customer”; “partner”; “user”; “you”; “your”, etc.), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you entered into another agreement with us concerning our Artist's Services Agreement (ASA), then the terms of that agreement controls where it conflicts with these terms.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

3.    User age

By agreeing to these Terms of Use, our services are available to individuals who can form legally binding contracts. Customers represent, that they are not under the age of 13. Partners agree to be not less than 16 years of age.

 

4.    Resolution of Disputes

You acknowledge that we may not be capable to detect the identity of registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

 

5.    General conditions

We reserve the right to refuse service to anyone for any reason at any time, to review and remove any content from the website and / or cancel your account, because that content breaches your agreement with us.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

6.    Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

7.    Modifications to the service and prices

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

8.    Discounts and Coupons

COCOLORE coupons for goods can be redeemed for all products available in the COCOLORE shop unless the redemption of the COCOLORE coupons has been excluded from the promotion campaign. The purchase price of the product must at least equal the couponing price and is only valid for a given period and for one purchase. Where COCOLORE has indicated, that coupons are valid only for new customers, such coupons will only be issued when a new member registers a new account. COCOLORE is not liable for any loss or theft of a coupon.

 

9.    Purchasing Products

Our products are available exclusively online through the COCOLORE website. Customers, who do not need to be a member, can purchase products using a valid credit card or the PayPal system. These products have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You are solely responsible to ensure the product delivery address is correct. We take no responsibility for any product you do not receive because of errors in the delivery address given to us.

We do not recommend any art offered by our artists. Customers watch artists’ videos and/ or pictures by clicking on it. The click rate decides which artwork will be offered in our shop for sale.

 

10.    Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

 

11.    Delivery and Returns

Using postal or courier service will deliver ordered products to the delivery address given to us. Customers do not have to pay shipping charges of sending the item to the delivery address if they order and keep products with a value more than USD 50. Customers need to be aware, that returns can lead to shipping costs, if it reduces the order to less than USD 50 (shipping costs). Please be aware, that returns always trigger shipping costs (return shipping costs). For more detail, please review our Return Policy. Shipping charges vary depending upon the size and price of the product.

 

12.    Broke, Damaged, Incomplete, Wrong or Lost Products

In case of a broke, damaged (for instance, a t-shirt is lacerated), incomplete, or wrong delivered product  we ask for a photo verification of the damaged goods sent to returns@cocolore.com, then we will gladly send a replacement at no cost to you.

Please be aware, that damage only refers to the physical product and do not apply to the content such as design or misspelled words. It is the customer’s responsibility to verify the quality by checking the pictures shown in the shop before ordering a product. Be further aware, that some garments such as Racerbacks are ribbed and thus more form fitting. It has the disadvantage of flattering to the person wearing them. It can be problematic when printing on them since ribbed garments can be stretched out the ribs and thus reveal gaps. This cannot be interpreted as a damaged product. Nevertheless, you can return the item in case you are not happy with them. In this case, please read our Return Policy.

Any claims for items must be submitted within 20 days after the product is received. For packages lost in transit, all claims must be submitted no more than 20 days after the estimated delivery date.

 

13.    Tools

We may provide you with access to third-party tools such as the user review tool powered by ‘Yotpo’ (not COCOLORE) over which we neither monitor nor have any control, nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

14.    Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

15.    User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

16.    Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

 

17.    Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

18.    Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We do not accept responsibility for any form of interference or damage to any computer system that arises in connection with your use of our website. We further do not accept responsibility for any losses that arises when visiting our website such as the loss of data, errors or interruptions. Please make sure you take your own precautions.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

19.    Content, Copyright & Intellectual Property Policies

You understand that all information, including images, pictures, photographs, data, music, sound, videos, messages, posted, published or displayed is protected by copyright and other intellectual property policies and owned by or licensed to us.
You may not in any form or by any means copy, use or adapt works from any part of this website. You are not allowed to commercialize any work from this website.

 

20.    Trademarks

If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

 

21.    Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service or this website, or any other website that is accessible using a hyperlink from this website will be uninterrupted, timely, secure or error-free or viruses.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
We do not warrant that any members’ uploads to this website will be protected against loss or misuse. We do not warrant that all uploaded content will be available on our website or be available in certain time frame.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall COCOLORE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

22.    Indemnification

You agree to indemnify, defend and hold harmless COCOLORE, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

23.    User Account and Password Protection

You can become a registered member of the website by setting up a password protected account, which requires a username and a password. You are responsible for actions made on the website using your account, including any products purchased, even if these actions were not approved or contemplated by you. You are solely responsible for any damage caused by any use of your account.

 

24.    Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

25.    Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

26.    Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

27.    Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, (Cocolore, Inc., 12121 Wilshire Boulevard, Suite 525, Los Angeles, California 90025, United States). Legal notices shall be served on COCOLORE’s registered agent in the State of California.

 

28.    Changes to Terms of Use

Any new features or tools, which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

29.    Reporting Inappropriate Content

Cocolore does not manually screen all products delivered by our artists. If you read inappropriate content the breaches the terms of use, we are happy if you led us know by copying the URL and sending it to us at contact@cocolore.com. You can also report it directly to us by clicking the button “report inappropriate content” which is displayed under each picture of the artwork.

Inappropriate content includes, but is not limited to content that defames specific ethnic groups such as religious groups, races, people, persons. It can also refer to infringments concerning the intellectual property rights or inappropriate pictures such as pornographic material.

 

30.    Contact Information

Questions about the Terms of Use should be sent to us at contact@cocolore.com.